150 So. 3d 315
La. Ct. App.2014Background
- Melanie Trosclair filed an objection under La. R.S. 18:492 seeking to disqualify Mona R. Joseph from the Nov. 4, 2014 district court judge election for Division B in St. John the Baptist Parish. The objection alleged Joseph failed to qualify correctly under La. R.S. 18:463, pointing to discrepancies between her voter registration and her notice of candidacy party designation.
- Joseph registered to vote in 1995 listing no party. When she filed her notice of candidacy she listed her party as “Democrat,” and signed a certification that the statements were true and correct. At trial she testified she had attempted to change her registration and that the Secretary of State’s online printout showed her as Democrat.
- The trial court found Joseph’s notice of candidacy contained a material error because the Registrar of Voters’ records showed no party affiliation when she qualified, and disqualified her. The court ordered removal of her name from the ballot as required by La. R.S. 18:1410.
- On appeal Joseph argued party affiliation is not a constitutional qualification for judicial office and that she had in fact timely changed her registration (or the state database reflected the change), and also contended the trial court failed to rule on an exception of insufficiency of service of process.
- The appellate majority affirmed the trial court, holding Joseph incorrectly listed party affiliation on her qualifying papers and that this uncorrectable error required disqualification. Two judges dissented, contending the evidence supported that the Secretary of State/ERIN system reflected Joseph as a Democrat at qualifying or that any registration error should not penalize the candidate.
Issues
| Issue | Plaintiff's Argument (Trosclair) | Defendant's Argument (Joseph) | Held |
|---|---|---|---|
| Whether Joseph’s notice of candidacy listing “Democrat” while local registrar records showed no party affiliation invalidates qualification under La. R.S. 18:463 | Joseph’s qualifying form was inaccurate and her official registration on the date of qualifying was no-party, so she failed to qualify properly | Joseph asserted she had changed her registration (or the state database reflected the change) before or when she filed; ERIN/Secretary of State printout showed Democrat; she relied on registrar procedures | Held: The error was material and uncorrectable after qualifying; failure to properly declare party affiliation disqualified her; affirmation of trial court |
| Whether the appellate court may review Joseph’s exception of insufficiency of service of process | N/A (Trosclair asserted service was sufficient) | Joseph argued trial court erred by failing to rule on the verbal exception | Held: Not preserved for appeal because trial court made no ruling; issue not before this Court |
| Whether changes to notice-of-candidacy information (party) can be made after qualifying closes | Trosclair: No — the candidate’s qualifying paperwork must be accurate when filed and cannot be changed after close of qualifying | Joseph: Change can be made prior to or simultaneously with qualifying; ERIN transmission and Secretary of State printout reflect timely change | Held: Statute prohibits changes after close of qualifying; qualification must be complete when filed; uncorrectable inaccuracies require disqualification |
Key Cases Cited
- Russell v. Goldsby, 780 So.2d 1048 (La. 2000) (burden on objector in election contest; statutes construed to promote candidacy)
- Messer v. London, 438 So.2d 546 (La. 1983) (standards for election contests)
- Dixon v. Hughes, 587 So.2d 679 (La. 1991) (doubts about qualifications resolved in favor of permitting candidacy)
- LaCombe v. McKeithen, 887 So.2d 48 (La. App. 1 Cir. 2004) (Secretary of State must reflect candidate’s latest timely and accurate notice of candidacy on ballots)
- Smith v. Parish Democratic Exec. Comm., 115 So. 54 (La. 1927) (qualification must be complete when application filed)
- Edwards v. Patterson, 641 So.2d 219 (La. App. 1 Cir. 1994) (candidate cannot amend notice after qualifying period if no basis to reopen)
- Senegal v. Obafunwa, 745 So.2d 74 (La. App. 3 Cir. 1999) (purpose of notice of candidacy is to show candidate is qualified)
- Montegut v. St. John the Baptist Parish Democratic Exec. Comm., 265 So.2d 258 (La. Ct. App. 1972) (registrant may rely on registrar; failure to file written request to change party not necessarily fatal)